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HomeMy WebLinkAboutCOM 0076.000 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawaii - Office of the .wlayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-821.1 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai `i 96740 Phone (808) 323-4444 • Fax (808) 323-4440 December 27, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: SUBJECT: Change of Zone Amendment Application No. PL-REZ-2024-000064 Amendment to Change of Zone Ordinance No. 06-28 (REZ-05-000019) Applicant: Kristin Frost Albrecht Request: Amendment for a 10-year Time Extension of Condition D (Time to Complete Construction) Tax Map Key: (3) 2-3-036:018 (por.), Hilo, South Hilo, Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action is the Windward Planning Commission letter regarding the above -referenced request. Sincerely, WILLIAM V. BRILHANTE, JR. Managing Director TCouncilAlbrechtPL-REZ-2024-064 Enclosures cc: Planning Department Comm. ® �� Ref. To - County of Hawati i is an Equal Opportunity Provider and Employer. Ref. Date ��+ C (; '- C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center 101 Pauahi Street, Suite 3 Hi, Hawaii 96720 Phone(808) 961-8288 Fax (808) 961-8742 December 24, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: Louis Daniele 111, Chair Chantel Perrin, Vice Chair Lauren Balog Wayne De Luz Gordon Takaki SUBJECT: Change of Zone Amendment Application No. PL-REZ-2024-000064 Amendment to Change of Zone Ordinance No. 06-28 (REZ-05-000019) Applicant: Kristin Frost Albrecht Request: Amendment for a 10-year Time Extension of Condition D (Time to Complete Construction) Tax Map Key: (3) 2-3-036:018 (por.), Hilo, South Hilo, Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on December 5, 2024, considered the above -referenced application for a Change of Zone Amendment for a ten (10) year time extension to Condition D (Complete Construction) of Ordinance No. 06 28. The subject property is located on the south side of Ponahawai Street, approximately 1,300 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation. The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print. www.planning,hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer plamiing@hawaiicounty.gov The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 2 The applicant is requesting a 1.0-year time extension to Condition D (complete construction) from the effective date of this amendment to Change of Zone Ordinance No. 06 28, which rezoned an 8-acre portion of a larger 24.495-acre parcel of land from Agricultural -I acre (A -I a) to Neighborhood Commercial-20,000 square feet (CN-20). The applicant requested the following specific language for the amendment request (material to be deleted is bracketed/struck through, material to be added is underscored): Amend Condition D: Construction of the proposed improvements shall be completed within [#+w-(54Jten 10 years from the effective date of this amended ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors, or assigns, and that are not the result of their fault or negligence. The Food Basket, Inc., (TFB) acquired the subject property in April 2022 (6 years after the timed conditions in the ordinance lapsed), with the intention of constructing the Hawaii Island Agricultural Innovation Park and Food Systems Campus (AIPFSC), to serve community partner organizations and the economy of Hawaii Island. TFB proposes two phases to establish the AIPFSC, with development beginning in 2024, the final phase of infrastructure development projected for completion in 2029, and costs estimated at $134,038,716. Phase A includes design and construction of a Hawaii Island Community Food Center and Food Bank, to be located on the CN-20-zoned area. Additionally, Phase A consists of development for the A -la -zoned area, including an Agricultural Innovation Center, a shade house, agricultural crops, and completion of waterline, electrical and communication infrastructure improvements. Phase B consists of design and construction of an Agricultural Support Office Center, a Community Center, and a Farmer's Market Pavilion, all of which will be located on the CN-20-zoned area. Given the change in project scope from the previous landowners and the lack of progress on construction of improvements, TFB is requesting a longer, 10-year time frame to comply with Condition D, in order to complete the full scope of planned projects. Additionally, as the ordinance has been stale since 2016, this amendment is required to allow any development of the CN-20 zoned lands. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 3 Based on the reasons provided and given the recent acquisition of the property by TFB for a different development than was previously envisioned by the previous owner, it is determined that the non-performance on timed conditions was not the result of the current applicant's fault or negligence. Granting of the proposed amendment would not be contrary to the General Plan, Community Development Plan or Zoning Code. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request continues to conform to the LUPAG Map, which designates the property as Medium Density Urban (mdu) and allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential up to 35 units per acre). The time extension request will continue to support establishment of a commercial zoning and use that is consistent with the Medium Density Urban form depicted on the LUPAG Map. Therefore, it is determined that the request is consistent with the LUPAG Map for this area of Hilo. Further, the time extension request conforms to the following goals and policies of the General Plan Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The Hilo CDP, adopted by Resolution No. 1 on May 21, 1975, identified the area as targeted for residential expansion, in the categories of RS, RM and PUD; however, this area is transitioning to commercial uses, with several properties along Ponahawai Street and Komohana Street having been rezoned to commercial zoning designations over the past four decades. The Honorable Chairman. Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 4 Based on the preceding, and with recognition of the fact that the Hilo CDP has not been updated since 1975, the CN-20 zoning continues to be consistent with the General Plan. The uses proposed for the 8-acre portion of the subject property currently zoned CN-20 are consistent with permitted uses as defined in the zoning code. Likewise, the applicant's proposed uses for the remainder of the property, zoned agricultural (A -la), are consistent with permitted uses for agricultural zoning. Based on the preceding, the granting of the requested amendment would not be contrary to the General Plan, Community Development Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the subject property is from Ponahawai Street, a County -owned and maintained, 24-foot-wide paved roadway with 4-foot-wide grass shoulders, within a 60- foot-wide right-of-way. The existing ordinance has several conditions related to required roadway improvements that are still applicable, and the Department of Public Works (DPW) has no objections to the current amendment request. In addition, at the time of the original rezone application, Hawaii County Civil Defense stated that the proposed project should have a second exit onto Ponahawai Street to serve as an emergency exit should the other become blocked; however, the original rezone was approved with deferral to DPW's request for one access point. As such the applicant continues to propose one access point, situated at the northwest, or mauka, corner of the rezone area. A Traffic Impact Analysis Report (TZAR), included as part of the amendment application, analyzes traffic impacts of the commercial portion of the proposed project. Based on the findings of the TZAR, levels of service are not expected to degrade any more than would be expected without the proposed project. Despite this, traffic improvements were recommended, primarily to establish a dedicated left -turn lane from Ponahawai Street into the subject property, a requirement that continues to be addressed by the original conditions of approval for the rezone. County water is available from an existing 8-inch waterline fronting the property along Ponahawai Street, as well as from an existing 12-inch line along Komohana Street. The applicant notes that Department of Water Supply (DWS) standards estimate the average daily demand for the commercially zoned portion of the property at 24,000 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 5 gallons per day (gpd) and the required fire flow as 2,000 gallons per minute (gpm), with a fire hydrant spacing of 300 feet along the roadway. DWS water system standards do not give a factor for estimating agriculturally zoned properties, therefore the project assumes 1,000 gpd per acre for the remaining portion of the property, for a total of 16,495 gpd. By letter dated June 4, 2024, DWS granted a water commitment time extension for the proposed development in the amount of 23,600 gpd, or 59 additional units of water at an average of 400 gpd, until May 31, 2025, with conditions requiring construction of water system improvements. The applicant has maintained valid water commitments with DWS and proposes installation of a water meter and backflow preventer to provide potable water to the site, as well as a 785-foot-long fire line with a detector check meter and two fire hydrants, to provide water for fire protection purposes. In addition, to address agricultural water needs, the applicant notes that they intend to develop alternative sources for non -potable, agricultural water needs, such as rainwater catchment systems and an agricultural well, to decrease the project's demand on the County water supply. The Planning Director is recommending amending Conditions B and C to specify that the applicant is responsible for maintaining valid water commitments and to address necessary water system improvements as noted by DWS. There is no County sewer in the immediate area, thus the applicant is proposing the use of multiple individual wastewater systems (IWS), meeting with the approval of the Department of Health (DOH) to handle wastewater related to the project. The preceding will be added as a condition of approval. There are no municipal solid waste collection services in the County. Solid waste will be disposed of at an authorized landfill by commercial haulers. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is located approximately 0.6 miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and "Ka Pa`akai O Ka`aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 6 Investigation of valued resources: The applicant notes they have engaged ASM Affiliates to conduct an Archeological Inventory Survey (AIS) to comply with NEPA Environmental Assessment requirements for federal funding awarded for the project. As part of the original rezone application, the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), by letter dated September 9, 2008, determined that no historic properties will be affected since the land has been altered by intensive cultivation. The valued cultural, historical, and natural resources found in the rezoning area: As mentioned above, SHPD determined that no historic properties would be affected and the property has been cleared and impacted by agricultural activity. There are no known features of cultural importance, there is no known history of traditional practices associated with the property, nor is there any record of a designated public access to the shoreline or mountain areas that traverses the property. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: There is no evidence of any valued cultural, historical, and/or natural resources found on the site, thus to the extent which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. A condition of approval has been updated to address requirements for inadvertent historic site finds during the development process. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends a favorable recommendation for a 10-year time extension to Condition D (complete construction) be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 06 28 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill, including updates to conditions to reflect current standard condition language. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 7 Material to be deleted is bracketed and struck through; new material is underscored. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The Planning Department's background report, recommendation report, PowerPoint presentation and public testimonies are available for review at the following Laserfiche Weblink address: https:Hrecords.hawaiicounty.gov/weblink/Browse.aspx?dbid=l &startid=140581 The Commission hearing minutes of the December 5, 2024, meeting can be found at the following link once it is available: https:Hrecords.hawaiicounty.gov/weblink/Browse.aspx?dbid=l&startid=1.40429 Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at (808) 961-8159. Sincerely, Louis nieleil! Dec 24, 20240837 HST) Louis Daniele I1I, Chairman Windward Planning Commission P\wp60\PC\PCC2024-4\LAlbrechtPL-REZ-2024-064wpc Enclosure: Draft Bill cc w/enclosure via email: Justin Clayton, The Food Basket Department of Public Works Department of Water Supply Windward Planning Commission Jeffrey W. Darrow, Acting Planning Director Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel